AUSTIN, Texas – Bills that label some campaign ads may be heading for trouble, as AI receives favorable committee reports.
On Wednesday, former House Speaker Dade Phelan, R-Beaumont, received a vote in favour of one of his bills for the first time in four years. House Bill 366 criminalizes the use of AI in political ads without disclaimers. Phelan was the subject of attack memes during his reelection campaign, and bill number 366 is the same as the margin of his victory in his primary race last year.
Lt. Col. Dan Patrick continues to refer to his poor relationship with Phelan. The bad blood between the two conservative politicians is largely attributed to multiple obstacles in the House School Voucher Bill.
“Dan Patrick feels he’s really conservative, and Dade Phelan isn’t,” said Matthew Wilson, a professor of political science at Southern Methodist University.
Patrick has accused Phelan of Attorney General Ken Paxton of $5 million perks each trial in connection with the allegations of fraud.
“Taxpayers can put this shameful time in our state’s history behind us because they have the facts about former speaker Dade Phelan frivolously wasting taxpayer funds for an unfortunate political gambit,” Patrick said.
A House committee unanimously approved Phelan’s bill on Wednesday, demanding political ads to disclose the use of modified images, including generated AI and deep fake videos. Otherwise, it becomes a Class A misdemeanor.
“This bill will not affect you unless you are a candidate, an office holder or PAC, or you are spending money or are paid to spread misinformation,” Phelan said.
Current state law prohibits the use of AI photos within 30 days of election. Just outside that time slot, ahead of the controversial election, Club for Growth Action mailed a flyer that showed Phelan embraced California Democrat Rep. Nancy Pelosi and spoke at a press conference in the House Democrat Caucus. But Phelan says that’s not the reason he introduced the bill.
“This is really the best for voters. Make sure they’re informed. They get facts in contrast to misinformation. If the image doesn’t really occur, the voters need to know that,” he said.
Ken Fleischman, an information professor at the University of Texas at Austin, agrees that requesting labeling for AI use is important to transparency.
“It’s not just the possibility that someone believes the video and believes it’s been a composite video, it could also reduce the value of the video evidence as if something actually happened,” Fleischmann said.
Phelan’s relationship with Patrick could put the law at risk.
“A bill that includes this will get caught up in a personal feud between Patrick and Phelan. I think it really, really destined for the chance it will move,” Wilson said.
Overall, the law represents the reality that memes are important in Texas politics.
“This reflects the perception on the part of politicians that the way they are portrayed on social media, the way they are memorized, can have negative consequences for election outlook,” Wilson said.
Phelan added that even if he has no personal experience, he will introduce the bill, even if he says he will focus on the evolving AI industry.
